KUMARI MAMTA SRIVASTAVA Vs. REGISTRAR DEPARTMENT EXAMINATION UTTAR PRADESH

JUDGEMENT

(1.) PETITIONER, applied for and appeared in entrance test of 1993 conducted by Respondent No. 1 for selecting candidates for admission in L.T. course in different training colleges. In her admission form, petitioner has given first preference for Government L.T. Training College, Allahabad second preference for K.P.L.T. Training College, Allahabad and her third preference was for Sakaldiha L.T. Training College, Sakaldiha District Varanasi. She was selected but she could not get sufficient marks for higher position in merit list on account of which she was admitted on 4-8-1993 in Sakaldiha L.T. Training College, Sakaldiha District Varanasi which was her third preference. It appears that there came into existence some vacancies in K.P.L.T. Training College, Allahabad due to non-joining of some of the selected candidates. When petitioner came to know about these vacancies she made a representation before the Respondent No. 1 praying for admission in K.P.L.T. Training College, Allahabad. No action appears to have been taken by the Respondent No. 1 on this representation. PETITIONER has accordingly filed this writ petition for writ of mandamus directing the respondents to admit her in or transfer her to K.P.L.T. Training College, Allahabad.

(2.) THE respondents have filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. THE respondents have also produced the original record of candidates who were selected and those who were placed in the wai|ing list I have heard learned counsel for the petitioner as well as learned standing counsel.

(3.) LEARNED standing counsel has however made two submissions while, opposing the writ petition namely (1) there is no provision for transfer of a candidate from one Training College to another Training College and (2) in K.P.L.T. Training College only 100 seats have been sanctioned and admitting the petitioner now will result in admission in access of the sanctioned strength. It is not possible to agree with the learned counsel.